N.J. Supreme Court hears 'joking judge' appeal

By Anthony Campisi

state house bureau |

The Record

The justices of the New Jersey Supreme Court seemed unsure Tuesday where to draw boundaries on acceptable outside conduct for the state’s judges in a case that will decide whether a South Hackensack municipal judge can continue his second career as an actor and a comedian.

Chief Justice Stuart Rabner also signaled the court may ask both sides for more information on the judge’s acting roles and stand-up routines before issuing a ruling.

E. Drew Britcher, Sicari’s attorney, asked the justices to disregard two opinions by a judicial ethics committee recommending Sicari give up his long-time acting career because it could “negatively affect the dignity of the Judiciary.”

Long before Sicari was named a judge in 2008, he began working as an actor and stand-up comic in a career that includes regular appearances in the Broadway comedy club Caroline’s.

He now relies on it for a significant part of his income, Brticher said. He makes $13,000 a year as a judge and hears cases twice a month.

Judges have long operated under restrictions designed to preserve the impartiality of the judiciary.

Most notably, Superior Court Judge Nelson Johnson was ordered to cease promoting the hit HBO series “Boardwalk Empire” which is based on his book.

Sicari’s trouble with the ethics board began shortly after he was named to the bench, when he asked court administrators whether he could participate in a Record story about his career.

The ethics committee released two opinions advising he avoid talking to the press and quit his acting work. Though they weren’t binding, Sicari could have gotten in trouble down the road if he didn’t follow it, and he appealed to the Supreme Court.

The justices appeared skeptical Tuesday that Sicari could, as Britcher argued, separate his judicial and comedic roles.

“That ship kind of has sailed,” said Justice Barry T. Albin, noting the intense scrutiny the case has received.

Justice Anne M. Patterson also questioned whether people appearing before Sicari would be able to separate his roles on an ABC reality show playing racist and homophobic characters and his position as a judge.

Sicari has made regular appearances on “Primetime: What Would You Do?” – a reality show designed to shock unsuspecting passers-by with outrageous situations.

Yet the justices also appeared uncomfortable with the committee’s argument that judges should be prevented even from portraying hateful characters in community plays.

“No one would ever play Iago,” said appellate Judge Ariel A. Rodriguez, who is filling a vacancy on the court, referencing the famously racist character in Othello.

N.J. Supreme Court hears 'joking judge' appeal

Vince A. Sicari, a South Hackensack municipal judge, performs at Carolines on Broadway comedy club Monday, Feb. 25, 2013, in New York.

By Anthony Campisi

state house bureau |

The Record

The justices of the New Jersey Supreme Court seemed unsure Tuesday where to draw boundaries on acceptable outside conduct for the state’s judges in a case that will decide whether a South Hackensack municipal judge can continue his second career as an actor and a comedian.

Chief Justice Stuart Rabner also signaled the court may ask both sides for more information on the judge’s acting roles and stand-up routines before issuing a ruling.

E. Drew Britcher, Sicari’s attorney, asked the justices to disregard two opinions by a judicial ethics committee recommending Sicari give up his long-time acting career because it could “negatively affect the dignity of the Judiciary.”

Long before Sicari was named a judge in 2008, he began working as an actor and stand-up comic in a career that includes regular appearances in the Broadway comedy club Caroline’s.

He now relies on it for a significant part of his income, Brticher said. He makes $13,000 a year as a judge and hears cases twice a month.

Judges have long operated under restrictions designed to preserve the impartiality of the judiciary.

Most notably, Superior Court Judge Nelson Johnson was ordered to cease promoting the hit HBO series “Boardwalk Empire” which is based on his book.

Sicari’s trouble with the ethics board began shortly after he was named to the bench, when he asked court administrators whether he could participate in a Record story about his career.

The ethics committee released two opinions advising he avoid talking to the press and quit his acting work. Though they weren’t binding, Sicari could have gotten in trouble down the road if he didn’t follow it, and he appealed to the Supreme Court.

The justices appeared skeptical Tuesday that Sicari could, as Britcher argued, separate his judicial and comedic roles.

“That ship kind of has sailed,” said Justice Barry T. Albin, noting the intense scrutiny the case has received.

Justice Anne M. Patterson also questioned whether people appearing before Sicari would be able to separate his roles on an ABC reality show playing racist and homophobic characters and his position as a judge.

Sicari has made regular appearances on “Primetime: What Would You Do?” – a reality show designed to shock unsuspecting passers-by with outrageous situations.

Yet the justices also appeared uncomfortable with the committee’s argument that judges should be prevented even from portraying hateful characters in community plays.

“No one would ever play Iago,” said appellate Judge Ariel A. Rodriguez, who is filling a vacancy on the court, referencing the famously racist character in Othello.